Slide 1
LAWS PROHIBITING DISCRIMINATION BASED ON DISABILITY IN HOUSING
Debra McGhee
Director, Baltimore Center
Fair Housing & Equal Opportunity
U.S. Department of HUD
[image: arm with crutch on a road toward sunset]Slide 2
During the Civil Rights Era
Fair Housing Act signed by President Johnson on April 18, 1968.
The Fair Housing Act DID NOT include protect people with Disabilities.
That same year, however, the Architectural Barriers Act was signed.
Required that buildings built, leased, or financed by the US Government be accessible.
Slide 3
1961 - 1984
American National Standards Institute of 1961 (ANSI)
Architectural Barriers Act of 1968
The Rehabilitation Act of 1973
Uniform Federal Accessibility Standards of 1984 (UFAS)
Slide 4
In the 70s, Progress
Section 504 of the Rehabilitation Act of 1973 required that:
That 5% of all units in federal-funded properties by accessible to people with mobility impairments
That 2% of all units by accessible to people with sensory impairments
Slide 5
504 Changed More than Bricks & Mortar
Required that REASONABLE ACCOMMODATIONSbe made when necessary to allow full use of housing.
Required that housing for persons with disabilities be as integrated as possible.
504 changed the way we respond to and interact with “Individuals with Disabilities.”
Slide 8
Sometimes Protecting Human Rights is Hard
HUD’s regulations implementing Section 504 in all federally-funded housing were finalized in 1986.
[image: man holding sign “504 Human Rights for All”
Slide 71988 & The Fair Housing Act
In 1988 the FHAct was amended to include families with children & persons with disabilities as protected classes.
Amended FHAct included standards to make all new multi-family housing more accessible.
Amended Act gave HUD & DOJ authority to litigate fair housing cases.
FHAct applies to ALL housing and housing-related transactions—whether subsidized or not.
Slide 8
1990 & the ADA
Enacted July 26, 1990, the Americans with Disabilities Act provides protection to persons with disabilities in employment, public accommodation, State & local Government Services & telecommunications.
HUD’s mandate: to ensure that programs, services relating to public housing and housing assistance are structured so as to be accessible to persons with disabilities.
Slide 9
Units Cover by the Fair Housing Act
Design and construction requirements of the Fair Housing Act apply to covered multifamily dwellings consisting of four or more units designed and built for first occupancy after March 13, 1991
[photo: house]
Slide 10
What is First Occupancy?
A certificate of occupancy must have been issued, and at least one dwelling unit actually must be occupied
[photo of doorman]
Slide 11
Can you Define NEW?
New construction behind old facades is covered
Interior of building, including all structural portions of floor and ceiling, must be removed and replaced with new construction
[drawing of building, labeled “New Construction Behind Old Façade Is Covered”, arrows labeled “façade is all that remains of original construction” and “new construction”]
Slide 12
What is a covered Unit?
Single-story dwelling units above shops or a garage are covered even though the dwellings are on the second level. All units on that floor must entrance on an accessible route .
[drawing of a building]
Slide 13
In Addition . . . .
Addition of four or more units is regarded as new construction
[photo of a man with a hard hat]
Slide 14
Which Units are Covered?
All ground floor dwelling units in buildings containing four or more units.
All dwelling units in buildings with 4 or more units if the building has one or more elevators (exception will be discussed later).
To be a covered unit, all finished living space must be on the same floor, that is, a single-story unit, such as single-story townhouses, villas, or patio apartments
Slide 15
Dwellings not Covered
Exception: The multifamily building has an elevator only as a means of creating an accessible route to dwellings units on the ground floor. In this case the elevator is not required to serve dwellings units on floor which are not ground
Townhouses with two or more stories
Buildings converted from a previous non-residential use are not covered. For example, a warehouse, office building or school is converted to a multifamily housing. The conversion is not covered.
Slide 16
Seven Basic Requirements
- Accessible building entrance on an accessible route
- Accessible & usable public and common use areas
- Usable doors
- Accessible route INTO & THROUGH every covered unit
- Light switches, thermostats, outlets, & other environmental controls in accessible locations
- Reinforced walls in bathrooms for later installation of grab bars
- Usable Kitchens and Bathrooms
Slide 17
Requirement 1-Accessible Building Entrance on an Accessible Route
“. . . covered multifamily dwellings shall be designed and constructed to have at least one building entrance on an accessible route unless it is impractical to do so because of terrain or unusual characteristics of the site (24 CFR 100.205)”
[photo of sign reads “Accessible Route” with arrow pointing left and access symbol, wheelchair]
Slide 18
What is an Accessible Route Anyway???
•A continuous, unobstructed path through sites and buildings that connects all accessible features, elements, and spaces
•Allows the successful use of any site or building by a person with a disability
•Safe for someone in a wheelchair and usable by others
•Onsite Accessible Routes may include parking spaces, parking access isles, curb ramps, walks, and lifts
•Accessible routes inside buildings may include corridors, doorways, floors, ramps, elevators, and lifts
•Specifications for an Accessible Route(1986 ANSI A117.1 4.3):
At least 36” wide
Running slope no more than 5% -- cross slope of 2% or less
•Accessible routes may include elevators or lifts, but not stairs
•Accessible route must be on firm stable material such as concrete or asphalt
Slide 19
Accessible Entrances
All buildings containing covered dwelling units and separate buildings containing public and common use spaces, such as clubhouses, must have at least one accessible building entrance on an accessible route, unless it is impractical to do so as determined by applying the site impracticality tests (FHA Design Manual pg 41)
[Sign: “Accessible Entrance”]
Slide 20
An Accessible Route must be free of Protruding Objects
[drawing of man with cane running into water fountain, labeled “Hazardous Protruding Objects” and “bottom edge of fountain outside of detectable range”
Slide 21
Requirement 2- Accessible and Usable Public and Common Use Areas
...covered multifamily dwellings with a building entrance on an accessible route shall be designed in such a manner that the public and common use areas are readily accessible to and usable by handicapped persons. (24 CFR 100.205)
[photo of a ramp into a swimming pool]
Slide 22
Requirement #2: Accessible and Usable public and Common Use areas
Common use areas: Areas that serve residents and guests
Laundry rooms, swimming pools, garbage facilities, playgrounds, common area mail facilities
Common use areas must be on an accessible route from covered units
Includes parking
Slide 23
Laundry Rooms
If each floor of an elevator building, has a laundry room, all must be accessible
If each building within a development has a laundry room on the ground floor, all ground floor laundry rooms must be accessible
Front loading machines not required if, when requested, an assistive device such as a “reacher” is provided
Controls must be in the range of a seated user
Controls should be operable with one hand without tight grasping, pinching, or twisting of the wrist
[Drawing: Use of Top-Loading Machine Made Possible With Assistance of Mechanical Reacher, labeled “maximum height of controls over an obstruction that can be reached from a parallel approach” and “maximum reach to controls over an obstruction”]
Slide 24
Resident Accessible Parking
Minimum of 2% of parking spaces for covered units must be accessible
If multiple types of parking are provided (garage, parking lot, and covered parking) at least one space must be accessible in each type, even if it is greater than 2%
If parking is provided at public or common facilities, at least one space must be accessible.
Slide 25
Multiple Recreational Facilities
When multiple recreation facilities are provided, such as multiple tennis courts, not all but a “sufficient” amount of those facilities must be accessible
When there is only one of each type of facility, all facilities must be accessible on an accessible route
[photo of man in wheelchair sitting in front of a window with a dog]
Slide 26
Requirement 3-Usable Doors
...covered multifamily dwellings with a building entrance on an accessible route shall be designed in such a manner that all the doors designed to allow passage into and within all premises are sufficiently wide to allow passage by handicapped persons in wheelchairs. (24 CFR 100.205)
[image: door]
Slide 27
Requirement # 3: Usable Doors
Common use area doors, including primary entrances to covered units, must have a clear opening of at least 32” (accessible doors)
oMeasured from door to door stop
Doors inside covered units designed for passage must have a clear opening of a “nominal” 32 inches (at least 31 5/8”) (usable doors)
Slide 28
Image:
Clear Width of Sliding/Pocket Door
“accessible sliding doors must, and usable sliding doors should, stop fully open with their handles exposed”
Clear Width at Bi-Fold Door
“a 3’ – 0” door is the narrowest bi-fold door that can be installed and still provide the accessible minimum 32” door opening
Slide 29
Common Violations
Requirement 3- Usable Doors
Walk in closet and storage room doors do not provide a nominal 32” opening (31 5/8”)
Second doors into bathrooms does not provide a nominal 32” opening (31 5/8”)
oIn bathrooms with multiple doors, ALL doors must be accessible
[image: clear width required]
Slide 30
Requirement 4- Accessible Route Into & Through the Covered Unit
...covered multifamily dwellings with a building entrance on an accessible route shall be designed and constructed in such a manner that all premises within covered multifamily dwelling units contain an accessible route into and through the covered dwelling unit. (24 CFR 100.205)
[photo of man and woman, man is in a wheelchair]
Slide 31
Covered Units Must Have an Accessible Route
The Route must:
pass through main entry door
continue through all rooms in the unit
Adjoin required clear floor spaces
Unlike accessible public and common use areas, does not need to comply with ANSI A117.1
Must be sufficiently wide and lack abrupt changes in level
Is not required to extend into a garage or basement (must still have usable doors)
Slide 32
Drawing: Minimum Width of Accessible Route
Hall widths must be at least 36’ wide to allow a person to make a 90 degree turn into or out of a 32” door opening
Wider hall widths are preferred, especially at long halls, to increase ease of use and reduce damage to door frames and walls caused by bumping and scraping of wheelchair footrests and handrims
Slide 33
Raised or Sunken Areas
Usually consist of a few steps and less level change than lofts
May not contain a functional space in its entirety
oLiving room must be accessible but a secondary seating area in the living room may be raised or sunken
Slide 34
Drawing:
Living/Dining Room with Sunken Area
If there were a door located here leading to any interior or exterior room or space that could not otherwise be reached by the accessible route, then the sunken/raised area would have to be eliminated or made accessible.
Slide 35
Requirement #5 – Environmental Controls In Accessible Locations
...covered multifamily dwellings with a building entrance on an accessible route shall be designed and constructed in such a manner that all premises within covered multifamily dwelling units contain light switches, electrical outlets, thermostats and other environmental controls in accessible locations. (24 CFR 100.205)
[photo: light switch]
Slide 36
Requirement # 5: Accessible Environmental Controls, Switches, and Outlets
All operable parts must be at least 15 inches above the floor and no higher than 48 inches above the floor
Some switches and outlets located over counters must be lower than 48 inches
Switches on appliances, circuit breakers, and outlets dedicated for certain appliances are not covered
Controls or outlets that do not meet the requirements are permitted if comparable controls or outlets that provide the same function are provided in the same area
Must be in accessible locations as defined by ANSI 117.1- 1986
Slide 37
Control of One’s Environment is Empowering
[drawing: All Covered Switches, Outlets, and Controls Operated on a Frequent Basis Must be in Accessible Locations}
Slide 38
Side Reach Over an Obstruction
[Drawing: Maximum Side Reach (From a Parallel Approach) Over an Obstruction
Slide 39
Forward Reach No Obstruction
[Drawing: no obstruction to interfere with reach]
Slide 40
Requirement 6- Reinforced Walls for Grab Bars
...covered multifamily dwellings with a building entrance on an accessible route shall be designed and constructed in such manner that all premises within covered multifamily dwelling units contain reinforcements in bathroom walls to allow later installation of grab bars around toilet, tub, shower stall and shower seat, where such facilities are provided. (24 CFR 100.205)
Slide 41
Requirement # 6: Reinforced walls in bathrooms for grab bars
Must have reinforcements in the walls for future installation of grab bars in ALL bathrooms in specific locations around:
Toilets
Bathtubs
Showers
[photo of bathtub with grab bars]
Slide 42
Requirement 7- Usable Kitchens and Bathrooms
...covered multifamily dwellings with a building entrance on an accessible route shall be designed and constructed in such a manner that all premises within covered multifamily dwelling units contain usable kitchens and bathrooms...such that an individual in a wheelchair can maneuver about the space. (24 CFR 100.205)
[photo: woman in wheelchair at counter]
Slide 43
Requirement #7: Usable Kitchens and Bathrooms
30” x 48” clear floor space required at each fixture or appliance
oMust adjoin to accessible route
oMust be center on and parallel or perpendicular to the fixture or appliance
U shaped kitchens require a 60” turning space or knee space under the sink or cook top at the base of the U
[photo: woman in wheelchair at cooktop]
Slide 44
Clearance Between Counters and ALL opposing Elements
Guidelines require a minimum 40” of clearance between all opposing base cabinets, countertops, appliances, and walls
oClearance does not include handles or appliance controls
[drawing: Minimum Clearance between Range and Opposing Base Cabinet]
Slide 45
Bathrooms
Bathrooms require:
30” x 48” clear floor space OUTSIDE the swing of the door as it is closed
Usable fixtures
[Drawing: bathroom with required dimensions]
Slide 46
AWESOME RESOURCE!!
Fair Housing Accessibility FIRST
Funded by HUD to promote compliance with the Fair Housing Act Design and Construction requirements.
Go to their Website:
Or Call: 888-341-7781 (V/TTY)
Slide 47
How do Reasonable Accommodations Work in Real Life?
[photo: woman with cane]
Slide 48
Disability is Defined By Laws
Disability means:
(A) A physical or mental impairment that substantially limits one or more of the major life activities
(B) A record of impairment
(C) Being regarded as having such an impairment.
Slide 49
Major Life Activities
Include such things as:
Caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
[photo: woman in a wheelchair in a field]
Slide 50
Reasonable Accommodations
A housing provider must make reasonable changes to policies & practices to ensure that these. . . . do not discriminate on the basis of disability against a qualified individual with disabilities.
[photo: service dog]
Slide 51
Policies that might be changed :
Pet Policies
Transfer Policies
Household Composition
Notification of painting or extermination
Parking
Slide 52Important Principles
Persons with Disabilities cannot be required to fill out a specific form or to document obvious needs.
An unreasonable delay is equivalent to denial of an accommodation.
Even if an accommodation is unworkable due to administrative & financial burden—must engage in the interactive process.
Slide 53
The Requested Accommodation must be related to the Disability
[cartoon: “in the eyes of the law” Alien’s flying saucer is parked in an accessible spot, alien says to police person, “Yes, I know I don’t have a sticker, but I thought since I only have one eye…”
Slide 54
A Real Life Example: Margaret McNeil, a double-amputee, appealed to HUD because her housing agency failed to provide her an accessible unit.
Slide 55
Prisoner in her own home
[photo taken from the porch of a woman behind a glass door in her home]
Slide 56
the outcome The Portsmouth housing agency paid McNeil a nearly $22,000 settlement and footed the bill to move her into a new, fully accessible unit.
Slide 57Photo: Margaret McNeil, 65, looks out across the spacious living room in her new Portsmouth home. Photo taken July 1, 2011. (Ross Taylor | The Virginian-Pilot)
Slide 58
the changes The Portsmouth agency is required to give staff additional training in fair housing laws including the Fair Housing Act and Section 504.
Slide 59
Examples of Reasonable Accommodations
Installing Grab Bars
Conducting business in a resident’s unit
Providing notices in an alternative format
Exceptions to Admissions Policy.
Changing Date upon which rent is due.
Slide 60Discussion[image of the universal access symbol of accessibility]